Direct examination of Al Cowlings

📄 Direct examination of Al Cowlings — Tuesday, February 4, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\4\DIRECT-EXAMINATION-OF-AL-COWLI.DOC

TRIAL

▲ Day 53 of 57

◀ Cross-examination of O.J. Simpson (part 2) Session opening ▶

Witness: Allen Cowlings
Examiner: Robert Baker
Called by: Defense • Date: Tuesday, February 4, 1997 • Utterances: 358

Al Cowlings testifies about the October 25, 1993 domestic violence incident at Rockingham, describing Nicole as 'upset, pissed' but notably failing to observe any physical injuries. He then recounts OJ's post-incident movements from Alan Schwartz's house back to Rockingham — including climbing a fence over the Von Watts property — reconstructed from a lost set of car keys. The transcript then captures the civil trial verdict reading on February 4, 1997, in which the jury found OJ liable 12-0 on all counts for Goldman's death and battery against both victims, awarding $8.5 million in compensatory damages.

# 1 A:

Yes.

# 2 Q:

Okay. And could you tell us what you did when you arrived at Rockingham?

# 3 A:

Walked in. I don't know if I used the key or the gate was open. Came into the house, and Nicole was in the kitchen.

# 4 Q:

Was there anybody with Nicole at this time in the kitchen, when you saw her?

# 5 A:

No.

# 6 Q:

And was she standing or sitting?

# 7 A:

She was standing.

# 8 Q:

And could you tell me what she was wearing at this time when you observed her?

# 9 A:

I think she had on a -- a -- warm-up bottoms and a leather jacket, looked like an officer's leather jacket.

# 10 Q:

Do you recall what color that jacket was?

# 11 A:

Could have been brown; it could have been black. It was dark; it was a dark color.

# 12 Q:

And what was Nicole's state at this time? What was her demeanor when you arrived there?

# 13 A:

Upset, pissed.

# 14 Q:

Okay. Had she been crying?

# 15 A:

I don't know.

# 16 ALLEN COWLINGS:

I'm sorry.

# 17 Q:

(BY MR. KELLY) Can you tell whether she had been crying or not?

# 18 A:

No, I couldn't say.

# 19 Q:

And could you describe her physical appearance from what you could observe in terms of her face, hair, things like that?

# 20 A:

What do you mean by that?

# 21 Q:

Well, first of all, did you see her face?

# 22 A:

Yes.

# 23 Q:

And can you describe it as you saw it that morning, when you first arrived there?

# 24 A:

Upset, looked like she was pissed, face was red.

# 25 Q:

Did you make any other observations about her face, other than the fact it was red?

# 26 A:

No.

# 27 Q:

Okay. Did you see any lumps on her forehead at that time?

# 28 A:

No.

# 29 Q:

Did you see any lump on her cheek at that time?

# 30 A:

No.

# 31 Q:

Did she have a lump?

# 32 A:

Not that I noticed.

# 33 Q:

Okay. Did you notice any lump on her cheek?

# 34 A:

No.

# 35 Q:

Did you notice any scratches on her?

# 36 A:

No.

# 37 Q:

Did you notice a split lip?

# 38 A:

No.

# 39 Q:

Did you notice any hand imprint on her neck?

# 40 A:

No.

# 41 Q:

Now, was it that you -- are you able to say that she did not have these different marks on her at this time, Mr. Cowlings?

# 42 A:

I didn't notice any of those marks. I wasn't looking for any marks. My concern was that she was upset and pissed off, and I was there to assist her if she needed help.

# 43 Q:

(BY MR. KELLY) Was she still upset at that time when you were -- when you arrived there at the house?

# 44 A:

Yes.

# 45 Q:

Okay. And was it your understanding that she was still upset as to something that had occurred just prior that you remember, that you were called over there for?

# 46 ALLEN COWLINGS:

May I have the question again, sir?

# 47 Q:

(BY MR. KELLY) Was it your impression that she was still upset about something that had occurred earlier there that you had come over there for, Mr. Cowlings?

# 48 A:

Yes.

# 49 Q:

(BY MR. KELLY) After you were in the kitchen, what, if anything, did you observe next?

# 50 A:

That she was upset, she was angry. She didn't talk that much. She was just kind of like pouting, with herself, and that was about it.

# 51 Q:

Okay. And did you see anybody else there in the kitchen at any time, other than Nicole?

# 52 A:

I heard some noise coming from the dining room. And as I looked towards that opening of the door, I saw O.J. step in, into the area where Nicole and I were.

# 53 Q:

Was that the first time you had seen him since you arrived there at Rockingham?

# 54 A:

Yes.

# 55 Q:

Now, what, if anything, happened then, when he came into the kitchen doorway?

# 56 A:

He said that he wanted --

# 57 ALLEN COWLINGS:

The question again?

# 58 Q:

I'm sorry. What, if anything, did Mr. Simpson say and/or do after you observed him in the kitchen doorway?

# 59 A:

He wanted to talk to Nicole.

# 60 Q:

And did he talk to her?

# 61 A:

She didn't want to hear from him.

# 62 Q:

She didn't converse with him at that time?

# 63 A:

No; she didn't want to talk to him.

# 64 Q:

And what, if anything else, did she do other than indicate she didn't want to talk to him at this point in time? Did you see her take any actions, also?

# 65 A:

She picked up the phone.

# 66 Q:

Did you see her dial a number?

# 67 A:

No. She told me if he didn't leave, that she was going --

# 68 Q:

(BY MR. KELLY) I'm sorry?

# 69 A:

That she was going to call the police.

# 70 Q:

And what, if anything, did Simpson do after Nicole stated that?

# 71 A:

He left.

# 72 Q:

Do you recall seeing how Mr. Simpson left, first of all, the room?

# 73 A:

Not really. I mean, he went back to -- back through the dining room.

# 74 Q:

And do you know whether he left over the front or rear of the house at this time.

# 75 A:

I couldn't tell you for sure.

# 76 Q:

(BY MR. KELLY) Can you tell me which -- which part of the house he headed to after he left the kitchen?

# 77 A:

He walked back into the dining room there, which was --

# 78 Q:

Is that towards the rear of the house?

# 79 A:

Yes.

# 80 Q:

Okay. And what, if anything, did you do after Mr. Simpson went back to the rear part of the house?

# 81 A:

I asked her whether she going to be okay. She said, AC, I just want to be alone. And then I left.

# 82 Q:

Went home?

# 83 A:

Yes.

# 84 Q:

Went to bed?

# 85 A:

I don't know if I went back to bed, but I went home.

# 86 Q:

Okay. Did there come a time that you received another phone call?

# 87 A:

Yes, I did.

# 88 Q:

Okay. Was it early that same morning, still?

# 89 A:

Yes, it was.

# 90 Q:

And who was that call from?

# 91 A:

I don't know if was O.J. or if it was Alan Schwartz, but I was called from -- someone from the house, from Alan's house.

# 92 Q:

And did they ask anything of you at that time? What was said to you over the phone?

# 93 A:

Without -- that I was asked to come over.

# 94 Q:

And do you recall whether or not if it was Mr. Simpson that called you?

# 95 A:

I don't remember.

# 96 Q:

And what did you do after you were asked to come over Schwartz's house?

# 97 A:

Got up and drove over to Alan's house.

# 98 Q:

Okay. And how long a time period lapsed from the time you received that second phone call and you got over to Alan Schwartz's house?

# 99 A:

Minutes.

# 100 Q:

Okay. By the way, who was Alan Schwartz?

# 101 A:

Who is he?

# 102 Q:

Yeah. I mean, he's a friend of yours?

# 103 A:

Yes.

# 104 Q:

Okay. Friend of Mr. Simpson's, also?

# 105 A:

Yes.

# 106 Q:

And he lived in -- close by to the Rockingham residence, also?

# 107 A:

He lived on Mandeville Canyon.

# 108 Q:

When you arrived at Schwartz's house -- first of all, did you see Mr. Simpson's car there, when you arrived at Schwartz's house?

# 109 A:

I don't remember seeing O.J.'s car, no.

# 110 Q:

Okay. Did you later learn it was in Mr. Schwartz's garage?

# 111 A:

Later on, I was told that it was in the garage.

# 112 Q:

Okay. What, if anything, did you observe when you arrived at Schwartz's house and went inside?

# 113 A:

Alan talking to me.

# 114 Q:

I'm sorry?

# 115 A:

Alan talking to me.

# 116 Q:

Okay. And you had a conversation with Schwartz?

# 117 A:

Mostly Alan was talking. I was just listening, 'cause nothing made sense, 'cause I didn't know at that time what had happened.

# 118 Q:

And did you then see Mr. Simpson there, also?

# 119 A:

Yes, I did see him.

# 120 Q:

Okay. And first of all, can you describe Mr. Simpson as he appeared to you when you saw him at that time?

# 121 A:

Upset, bothered.

# 122 Q:

And how was he dressed, or what was his appearance at the time when you saw him?

# 123 A:

He was sitting down when I first saw him. He had a blanket over his shoulders. He was cold, he said.

# 124 Q:

And did you have a conversation with him at that time?

# 125 A:

Yes.

# 126 Q:

Okay. And can you tell me what the substance of that conversation was?

# 127 A:

To the extent what had happened, and he talked -- and I never really got a detailed -- exactly what happened.

# 128 Q:

Well, did he -- did he ask you to do something, also, in the course of that conversation?

# 129 A:

Not right at that time.

# 130 Q:

(BY MR. KELLY) When you had a conversation -- first of all, you indicated you had a conversation with Mr. Schwartz when you arrived there, correct?

# 131 A:

Right.

# 132 Q:

Okay. And was that in the den of their house there, or what room was it in?

# 133 A:

That was in the family room.

# 134 Q:

Okay. And Mr. Simpson was present there, also?

# 135 A:

No.

# 136 Q:

Okay. Did you later go to where Mr. Simpson was seated?

# 137 A:

Yes.

# 138 Q:

What room was that?

# 139 A:

That was in the den.

# 140 Q:

Okay. Was Mr. Schwartz in there with you, also?

# 141 A:

I'm not sure. He could have been.

# 142 Q:

Okay. Well, did you ever have a discussion -- further discussion with Mr. Schwartz as to something he wanted you to do or retrieve?

# 143 A:

Yes, I did.

# 144 Q:

What was that, with Mr. Schwartz or Mr. Simpson?

# 145 A:

I think it was with Alan first.

# 146 Q:

Okay. First of all, what did Alan -- that's Alan Schwartz?

# 147 A:

Alan Schwartz, yes.

# 148 Q:

(BY MR. KELLY) Was Mr. Simpson present there when you had this discussion with Alan Schwartz?

# 149 A:

I don't remember.

# 150 Q:

What was the discussion you had with Mr. Simpson?

# 151 ALLEN COWLINGS:

Could I have the question again.

# 152 Q:

(BY MR. KELLY) Well, you indicated you went into the room with Mr. -- where Mr. Simpson was seated with the blanket around him, correct?

# 153 A:

Yes.

# 154 Q:

There was a reason Mr. Simpson had called you to Mr. Schwartz's house also, was there not, Mr. Cowlings?

# 155 A:

Yes, there was a reason.

# 156 Q:

(BY MR. KELLY) Okay. And you had a conversation with Mr. Simpson regarding something he wanted you to do, correct?

# 157 A:

Yes.

# 158 Q:

Okay. And can you relate that conversation to the jury, Mr. Cowlings.

# 159 A:

He wanted to know how Nicole was doing. He wanted me to retrieve some stuff that he had taken with him.

# 160 Q:

What stuff, first of all, that he had taken from Rockingham?

# 161 A:

Well, the first thing that was brought to my attention through both parties that was there -- that there was a set of car keys that were lost.

# 162 Q:

And whose car keys were those?

# 163 A:

Those car keys were Alan Schwartz's.

# 164 Q:

Okay. And were you told, first of all, where those car keys were lost?

# 165 A:

It had to be somewhere between the time that he went back to the house.

# 166 Q:

What I'm asking, "he" meaning Mr. Simpson?

# 167 A:

Yes, O.J.

# 168 Q:

Did Mr. Simpson indicate to you, first of all, where he had lost Schwartz's car keys?

# 169 A:

It had to be between where he got out of Alan's car to come back into the house.

# 170 Q:

Okay. And did he give you some sort of description of the route he had taken to look for those keys?

# 171 A:

Yes.

# 172 Q:

And what did he tell you?

# 173 A:

The car was parked on Bristol, a block east of O.J.'s house, like around the corner. His travels took him through his neighbor's yard, across the tennis court, through a gate, across his tennis court, into his house.

# 174 Q:

Did he tell you how he had gotten from the street -- First of all, when you say the neighbor's yard, that's the Von Watts?

# 175 A:

Yes, Eric Von Watts.

# 176 Q:

Did he tell you how he got into Von Watts's yard?

# 177 A:

I don't remember.

# 178 Q:

Mr. Cowlings, you testified on a prior occasion about these specific matters?

# 179 A:

In a case.

# 180 Q:

On this case, this incident I'm asking about right now. You've testified on a prior occasion regarding it, have you not?

# 181 A:

You're talking about the deposition?

# 182 Q:

Yeah.

# 183 A:

Yes, I did.

# 184 Q:

And you were under oath at that time?

# 185 A:

Yes.

# 186 Q:

And I asked you -- I asked you questions and you gave me answers?

# 187 A:

Yes.

# 188 Q:

And did you remember more about this incident than you do now, Mr. Cowlings?

# 189 A:

Somewhat.

# 190 Q:

Do you recall stating, first of all, that Mr. Simpson told you that you -- he had jumped over a fence on Ashford to get into the Von Watts' property and into the backyard?

# 191 A:

I may have said that.

# 192 Q:

Would it refresh your recollection to see your prior testimony, Mr. Cowlings?

# 193 A:

Probably.

# 194 MR. KELLY:

If I can have a moment, please, Judge. (Pause.)

# 195 MR. KELLY:

363, 364 -- actually, strike that. 357, lines 12 to 21.

# 196 THE COURT:

I got "actually, strike that," and nothing else is showing on the . . .

# 197 THE REPORTER:

I'll have to check it at a break, Judge. (Referring to computer screen.)

# 198 Q:

(BY MR. KELLY) Do you see the monitor there, Mr. Cowlings?

# 199 A:

Yes.

# 200 Q:

The first question I asked. (READING:) All right okay go on, I'm sorry to interrupt you. This is talking about what he told you at Von Watts, and your answer is, "So, I said, well, where did you hide it. He says, well, I know I went over -- no, no, I take that back, I take that back. Besides the jewelry bag, he had lost his keys, his car keys, so I said, well, let's back track and how did you leave, so he -- meaning Simpson, had went over the Von Watts's wall. And at that time I don't think they had the tennis court then, so I back tracked, I'm climbing over fences." Does that refresh your recollection, Mr. Cowlings?

# 201 A:

Yes.

# 202 Q:

Do you recall now that Mr. Simpson told you he had gone over the -- the fence between Ashford and the Von Watts' property?

# 203 A:

When I said over, I probably meant he went over there, on over the property, not saying that he went over the fence.

# 204 MR. KELLY:

Steve, can you put on page 360, please. 360, lines 10 to 20. (Transcript displayed on Elmo.)

# 205 Q:

(BY MR. KELLY) Starting at line 10. (Reading.) "

# 206 Q:

Okay. What specific directions did Simpson give you in terms of finding those keys? "

# 207 A:

It was over a fence. "

# 208 Q:

What fence? "The Von Watts. "

# 209 Q:

What type of fence was that? "

# 210 A:

Chain link fence -- it could have been a wooden fence. "Did he indicate to you that he had climbed over that chain link fence? "

# 211 A:

Yes." Do you remember being asked those questions and giving those answers?

# 212 A:

Yes.

# 213 MR. KELLY:

363, 364, Steve. Line 21 to 25. (Transcript displayed on Elmo.)

# 214 THE COURT:

Okay that's it. Okay. That concludes the requested rereading jurors. JUROR: That's fine.

# 215 THE COURT:

All right you may resume your deliberations. Take your break when you're ready. (Jurors resume deliberations at 2:20 p.m.) (Recess at 3:15 pm) (Jurors resume deliberations at 3:31 pm) (3:45 pm jurors buzz with a verdict) (At 7:10 pm jurors resume their respective seats.)

# 216 THE COURT:

At this time it is 12 minutes after 7. The Court was informed that a verdict had been reached about 3 -- was it 3:20?

# 217 THE CLERK:

3:45.

# 218 THE COURT:

3:45 this afternoon. I apologize to the jury for holding you so long. The attorneys and parties were making every effort to get here as soon as possible and they had just now all arrived. Who is the foreperson of the jury? (Juror No. 227 raises hand) JUROR: I am.

# 219 THE COURT:

That's juror number 227. Per the instructions of the bailiff, did you seal the verdict form, give it to the bailiff at the time that the jury rendered a verdict? JUROR: Yes, I did.

# 220 THE COURT:

And -- okay. Bailiff, would you give the verdict form to the foreperson. (Bailiff complies.)

# 221 THE COURT:

Mr. Foreperson, would you open the verdict form and examine it to make sure that that is the jury's verdict form. (Foreman complies. Reviews verdict form.) JUROR: Yes, Your Honor.

# 222 THE COURT:

Would you place it back in the envelope and give it to the bailiff, please (Bailiff hands verdict to the Court)

# 223 THE COURT:

Clerk will read the verdict.

# 224 THE COURT:

Superior Court of the State of California for the County of Los Angeles; Sharon Rufo, plaintiff versus Orenthal James Simpson et all, defendants. Frederic Goldman et cetera et al plaintiffs versus Orenthal James Simpson et al, defendants. Louis H Brown et cetera plaintiff versus Orenthal James Simpson, defendant. Case number SC031947 consolidated with case number SC036340 and case number SC036876 special verdict. Special verdict. We, the jury of the above entitled action find the following special verdict on the questions submitted to us: Question number one, do you find by a preponderance of the evidence that defendant Simpson willfully and wrongfully caused the death of Ronald Goldman, write the answer yes or no below. Answer: Yes. (Members of the audience shouts)

# 225 THE COURT:

Excuse me. Hold it. If there's any display, I am going to clear the courtroom. Everybody understand that?

# 226 THE CLERK:

If your answer to question number one is no, do not answer questions number 2, 3 and 4 and instead proceed to question number 5. If your answer to question number one is yes, proceed to question number 2. Question number 2, do you find by a preponderance of the evidence that defendant Simpson committed battery against Ronald Goldman, write the answer yes or no below. Answer: Yes. If your answer to question number 2 is yes, proceed to question No. 3. If your answer to question number 2 is no, do not answer question numbers 3 and 4 and instead proceed to question number 5. Question No. 3: Do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman, write the answer yes or no below. Answer: Yes. If you answered yes to question number 2, proceed to question number 4. Question number 4, do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Write the answer yes or no below. Answer: Yes. Proceed to question number 5. Question number 5, do you find by a preponderance of the evidence that defendant Simpson committed battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If your answer to question number 5 is yes, proceed to question number 6. If your answers to question numbers 1 and 5 are no, proceed to date, sign and return the verdict form. Question number 6, do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If you answered yes to question number 5, proceed to question number 7. Question number 7. Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson, write the answer yes or no below. Answer: Yes. If you answered yes to question number one, answer question number 8. Question number 8, we award damages against the defendant Simpson and in favor of plaintiffs Goldman and Rufo in the aggregate as follows. Answer: $8.5 million. Date, sign and return the verdict form dated February 4, 1997 -- Foreperson has signed it using his name.

# 227 THE COURT:

Okay. Would you -- the Court is going to order that the name be stricken and in place of the name, the number be placed and would you place your number on there and in place of your name. JUROR: (Nods)

# 228 THE COURT:

Can you also give him a black marker, pen to strike out his name. (Clerk hands bailiff pen.) (Bailiff hands marker and verdict form to foreman) (Foreman complies, signs verdict form) (Bailiff hands verdict form to the clerk)

# 229 THE CLERK:

Number 22 -- 227. Ladies and gentlemen of the jury, as a jury, is this your verdict? JUROR: Yes, it is.

# 230 THE COURT:

Okay.

# 231 MR. BAKER:

Poll the jury.

# 232 THE COURT:

Do you wish to poll the jury, please.

# 233 THE CLERK:

I'm going to ask --

# 234 THE COURT:

Ladies and gentlemen, we are going to poll you. The clerk will instruct you how to answer.

# 235 THE CLERK:

I'm going to ask each of you individually as to each question whether this is your personal verdict. If you agreed with the answer to the question, answer yes. If you disagreed with it, answer no. Question number one. Do you find by a preponderance of the evidence that defendant Simpson willfully and wrongfully caused the death of Ronald Goldman? Answer is yes. Is this also your verdict, juror 199? JUROR: Yes

# 236 THE CLERK:

Juror 341? Is this your verdict? JUROR: Yes.

# 237 THE CLERK:

Juror 186? JUROR: Yes.

# 238 THE CLERK:

Juror 294? JUROR: Yes.

# 239 THE CLERK:

Juror 266? JUROR: Yes.

# 240 THE CLERK:

Juror 257? JUROR: Yes.

# 241 THE CLERK:

Juror 369? JUROR: Yes.

# 242 THE CLERK:

Juror 290? JUROR: Yes.

# 243 THE CLERK:

Juror 326? JUROR: Yes.

# 244 THE CLERK:

Juror 400? JUROR: Yes.

# 245 THE CLERK:

Juror 88? JUROR: Yes.

# 246 THE CLERK:

Juror 227? JUROR: Yes.

# 247 THE CLERK:

12 to zero. As to question number 2. Do you find by preponderance of the evidence that defendant Simpson committed battery against Ronald Goldman? Answer: Yes. Is this your verdict, juror number 199? JUROR: Yes.

# 248 THE CLERK:

Juror 341? JUROR: Yes.

# 249 THE CLERK:

Juror 186? JUROR: Yes.

# 250 THE CLERK:

Juror 294? JUROR: Yes.

# 251 THE CLERK:

Juror 266? JUROR: Yes.

# 252 THE CLERK:

Juror 257? JUROR: Yes.

# 253 THE CLERK:

Juror 369? JUROR: Yes.

# 254 THE CLERK:

Juror 290? JUROR: Yes.

# 255 THE CLERK:

Juror 326? JUROR: Yes.

# 256 THE CLERK:

Juror 400? JUROR: Yes.

# 257 THE CLERK:

Juror 88? JUROR: Yes.

# 258 THE CLERK:

And juror 227? JUROR: Yes.

# 259 THE CLERK:

12 to zero. As to question No. 3, do you find by clear and convincing evidence that the defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Answer is yes. Is this your verdict juror number 199? JUROR: Yes.

# 260 THE CLERK:

No. 341? JUROR: Yes.

# 261 THE CLERK:

Number 186? JUROR: Yes.

# 262 THE CLERK:

Number 294? JUROR: Yes.

# 263 THE CLERK:

Number 266? JUROR: Yes.

# 264 THE CLERK:

Number 257? JUROR: Yes.

# 265 THE CLERK:

No. 369? JUROR: Yes.

# 266 THE CLERK:

Number 290? JUROR: Yes.

# 267 THE CLERK:

No. 326? JUROR: Yes.

# 268 THE CLERK:

Number 400? JUROR: Yes.

# 269 THE CLERK:

Number 88? JUROR: Yes.

# 270 THE CLERK:

Number 227? JUROR: Yes.

# 271 THE CLERK:

12 to zero. Question number 4: Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman? Answer is yes. Is this your verdict juror number 199? JUROR: Yes.

# 272 THE CLERK:

341? JUROR: Yes.

# 273 THE CLERK:

186? JUROR: Yes.

# 274 THE CLERK:

294? JUROR: Yes.

# 275 THE CLERK:

266? JUROR: Yes.

# 276 THE CLERK:

257? JUROR: Yes.

# 277 THE CLERK:

369? JUROR: Yes.

# 278 THE CLERK:

290? JUROR: Yes.

# 279 THE CLERK:

326? JUROR: Yes.

# 280 THE CLERK:

400? JUROR: Yes.

# 281 THE CLERK:

88? JUROR: Yes.

# 282 THE CLERK:

227? JUROR: Yes.

# 283 THE CLERK:

12 to zero. Question number 5. Do you find by a preponderance of the evidence that the defendant Simpson committed battery against Nicole Brown Simpson? Answer is yes. Is this your verdict, juror number 199? JUROR: Yeah.

# 284 THE CLERK:

No. 341? JUROR: Yes.

# 285 THE CLERK:

Number 186? JUROR: Yes.

# 286 THE CLERK:

Number 294? JUROR: Yes.

# 287 THE CLERK:

Number 266? JUROR: Yes.

# 288 THE CLERK:

Number 257? JUROR: Yes.

# 289 THE CLERK:

No. 369? JUROR: Yes.

# 290 THE CLERK:

Number 290? JUROR: Yes.

# 291 THE CLERK:

No. 326? JUROR: Yes.

# 292 THE CLERK:

Number 400? JUROR: Yes.

# 293 THE CLERK:

Number 88? JUROR: Yes.

# 294 THE CLERK:

Number 227? JUROR: Yes.

# 295 THE CLERK:

12 to zero. Question number 6, do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson? Answer yes. Is this your verdict, juror number 199? JUROR: Yes.

# 296 THE CLERK:

341? JUROR: Yes.

# 297 THE CLERK:

186? JUROR: Yes.

# 298 THE CLERK:

294? JUROR: Yes.

# 299 THE CLERK:

266? JUROR: Yes.

# 300 THE CLERK:

257? JUROR: Yes.

# 301 THE CLERK:

369? JUROR: Yes.

# 302 THE CLERK:

290? JUROR: Yes.

# 303 THE CLERK:

326? JUROR: Yes.

# 304 THE CLERK:

400? JUROR: Yes.

# 305 THE CLERK:

88? JUROR: Yes.

# 306 THE CLERK:

227? JUROR: Yes.

# 307 THE CLERK:

12 to zero. Question number 7, do you find by clear and convincing evidence the defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson? Answer yes. Is this your verdict, juror number 199? JUROR: Yes.

# 308 THE CLERK:

341? JUROR: Yes.

# 309 THE CLERK:

186? JUROR: Yes.

# 310 THE CLERK:

294? JUROR: Yes.

# 311 THE CLERK:

266? JUROR: Yes.

# 312 THE CLERK:

257? JUROR: Yes.

# 313 THE CLERK:

369? JUROR: Yes.

# 314 THE CLERK:

290? JUROR: Yes.

# 315 THE CLERK:

326? JUROR: Yes.

# 316 THE CLERK:

400? JUROR: Yes.

# 317 THE CLERK:

88? JUROR: Yes.

# 318 THE CLERK:

227? JUROR: Yes.

# 319 THE CLERK:

12 to zero. Question number 8: We award damages against defendant Simpson and in favor of plaintiff's Goldman and Rufo in the aggregate as follows: Answer: $8.5 million. Is this your verdict juror number 199? JUROR: Yes.

# 320 THE CLERK:

No. 341? JUROR: Yes.

# 321 THE CLERK:

Number 186? JUROR: Yes.

# 322 THE CLERK:

Number 294? JUROR: Yes.

# 323 THE CLERK:

Number 266? JUROR: Yes.

# 324 THE CLERK:

Number 257? JUROR: Yes.

# 325 THE CLERK:

No. 369? JUROR: Yes.

# 326 THE CLERK:

Number 290? JUROR: Yes.

# 327 THE CLERK:

No. 326? JUROR: Yes.

# 328 THE CLERK:

Number 400? JUROR: Yes.

# 329 THE CLERK:

Number 88? JUROR: Yes.

# 330 THE CLERK:

Number 227? JUROR: Yes.

# 331 THE CLERK:

12 to zero.

# 332 THE COURT:

Court orders the verdict as read to be entered. Have counsel agreed as to when they wish to commence the second portion of this?

# 333 MR. PETROCELLI:

Friday.

# 334 MR. BAKER:

Monday, Your Honor.

# 335 MR. PETROCELLI:

Monday, fine. We prefer Friday.

# 336 MR. BAKER:

We're going to have to have a hearing before.

# 337 THE COURT:

Jurors would you step into the jury room a minute.

THE COURT REPORTER: The alternates also?

# 338 THE COURT:

Yeah, the alternates also, please. Do not discuss anything about the proceedings. (All jurors and jury alternates exit to jury room.)

# 339 MR. PETROCELLI:

Your Honor, we have basically two witnesses who are out of town. One coming in tonight, the other one will be in tomorrow. We'll be ready to go on Friday.

# 340 THE COURT:

Well, today is Tuesday. Tomorrow is Wednesday.

# 341 MR. PETROCELLI:

Thursday. Excuse me, we can start on Thursday.

# 342 MR. BAKER:

Your Honor, we have to have a hearing for those -- either of those two witnesses that testify.

# 343 THE COURT:

You can have a hearing tomorrow.

# 344 MR. BAKER:

We can't have it tomorrow, I'm not ready to proceed tomorrow. I'll be ready to proceed on Monday.

# 345 THE COURT:

What kind of hearing do we need?

# 346 MR. BAKER:

The hearing is to determine whether or not they can testify to what they're saying they can testify to; that our view of the law is that these are -- these witnesses are basically the Deitz and Dunn (phonetic) of punitive damages; that these witnesses are not qualified to testify to what they're attempting to testify that the name and likeness of O.J. Simpson has extreme value and that that value can be figured for an award for punitive damages. And we don't believe that his future earnings goes to the issue of punitive damages because what you're -- what you have to look at is his net worth at time of the trial; namely now, not 25, 30 years hence.

# 347 THE COURT:

Why does that issue require a delay in the trial?

# 348 MR. BAKER:

Well, I'll file appropriate papers to do that.

# 349 THE COURT:

Well, you had ample time to do that.

# 350 MR. BAKER:

Well --

# 351 THE COURT:

This matter's been to this jury for the longest time. Okay. We will commence Thursday and we will set the matter for a further hearing on any motions for tomorrow at 1:30.

# 352 MR. PETROCELLI:

Thank you, Your Honor.

# 353 MR. KELLY:

Thank you, Your Honor.

# 354 MR. BREWER:

Thank you, Your Honor.

# 355 THE COURT:

Okay. Wait a minute. The Court is going to excuse the jury. Would you bring the jury out and I will admonish the jury again. (Jurors resume their respective seats.)

# 356 THE COURT:

Okay ladies and gentlemen of the jury, as I informed you at the beginning of the trial, there was a possibility that there would be a second phase to this trial depending on the outcome of the first phase. Because of the outcome of the first phase, there will be a second phase to this trial. We will commence that phase Thursday morning at 8:30. It is very important, it is of utmost importance for you to continue to obey the Court's order and direction that you not permit yourself to be exposed to any information about this case through the media, television, radio, newspaper, or from friends or relatives or people who just call you up or try to address you on the street or whatever. This has been a very long trial, has required a lot of work by a lot of people, including you folks. And the additional portion of this trial, the Court does not anticipate to be very long. But it is very important that you maintain your integrity as jurors in terms of not permitting any outside influences to affect you in this case. Now, as you -- I don't have to tell you the inordinate interest that the media has in this case. And it is all the more reason why you have to exercise extreme vigilance for that purpose. Can I rely upon you to follow the Court's order? JUROR: (Nod) yes. Yes, sir.

# 357 THE COURT:

You will not be coming in tomorrow. So rest up, I'm sorry to have kept you so long without having dinner. We will resume again Thursday at 8:30 in the morning. Thank you very much. You are excused for the evening.

# 358 THE BAILIFF:

Please leave your note books on your chairs. (At 7:35 P.M. an adjournment was taken until Wednesday, February 5, 1997 at 1:30 P.M.)

Temperature

devastating

Key Quotes (5)

Al Cowlings

Upset, pissed. Face was red.

Cowlings' characterization of Nicole minimizes her condition — he pointedly did not observe lumps, scratches, split lip, or neck marks, potentially undercutting the domestic violence evidence

Al Cowlings

I wasn't looking for any marks. My concern was that she was upset and pissed off, and I was there to assist her if she needed help.

His explanation for not noticing injuries — either exculpatory for OJ or revealing of Cowlings' protective posture toward him

Al Cowlings

AC, I just want to be alone.

Nicole's reported last words to Cowlings that night — humanizing and direct

Al Cowlings (via deposition read-back)

It was over a fence... The Von Watts. Chain link fence — it could have been a wooden fence.

Establishes that OJ told Cowlings he climbed the Von Watts fence to get back to Rockingham — OJ himself described this covert route through neighbors' yards

THE CLERK

Question number one... do you find by a preponderance of the evidence that defendant Simpson willfully and wrongfully caused the death of Ronald Goldman... Answer: Yes. 12 to zero.

The civil jury's unanimous verdict — the definitive legal finding against OJ Simpson that the criminal trial had failed to produce

Evidence (2)

Informal

Cowlings deposition transcript, pages 357 (lines 12-21), 360 (lines 10-20), and 363-364 — used to refresh Cowlings' recollection about OJ describing the fence-climbing route through Von Watts property

read into record via Elmo to impeach/refresh

Informal

Civil trial special verdict form, dated February 4, 1997, signed by Juror 227

read into record and polled

Notable Exchanges (2)

Mr. Kelly•Al Cowlings

Kelly methodically walks Cowlings through his prior deposition after Cowlings claims not to clearly remember OJ describing fence-climbing. Cowlings initially tries to reinterpret 'over' as meaning 'over to the property' rather than climbing a fence, but is pinned down by the specific deposition language: 'chain link fence — it could have been a wooden fence... did he indicate that he had climbed over that chain link fence? Yes.'

strategic/impeaching

THE COURT•MR. BAKER•MR. PETROCELLI

After the verdict, Baker seeks to delay the punitive damages phase to Monday; Petrocelli pushes for Friday, then agrees to Thursday. Baker argues witnesses on future earnings are irrelevant to punitive damages since net worth should be measured at time of trial, not future projections. Court sets Thursday start and Wednesday hearing.

procedural/contentious

Credibility Attacks (1)

⚔ Al Cowlings

prior inconsistent statement / deposition read-back

Kelly confronts Cowlings with his deposition testimony after Cowlings claims not to remember OJ saying he climbed the Von Watts fence. Cowlings initially reinterprets 'over' to mean 'over there' rather than 'over the fence,' but Kelly reads the specific Q&A where Cowlings confirmed fence-climbing and identified it as a chain link fence, forcing Cowlings to concede: 'Yes.'

Witness Demeanor

Repeatedly asks for questions to be repeated: 'May I have the question again, sir' / 'The question again?'

Hedges consistently: 'I don't know,' 'I'm not sure,' 'I don't remember,' 'I couldn't tell you for sure'

Attempts to reinterpret deposition testimony rather than directly confirm it before being pinned by the transcript

Objections

None recorded

Proceeding 8878 • 358 utterances • Defense witness

Civil Trial

Department 103